senate Bill S1034

2013-2014 Legislative Session

Prohibits the possession of concealed firearms in national parks and national wildlife refuge systems

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cultural affairs, tourism, parks and recreation
Jan 09, 2013 referred to cultural affairs, tourism, parks and recreation

Co-Sponsors

S1034 - Bill Details

See Assembly Version of this Bill:
A5479
Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add §13.32, Pks & Rec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A4619, S7441, A4619A
2009-2010: A7183C, S4753B

S1034 - Bill Texts

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Prohibits the possession of concealed firearms in any national park or national wildlife refuge system; imposes a civil penalty of not more than $1,000 for a violation thereof.

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BILL NUMBER:S1034

TITLE OF BILL:
An act
to amend the parks, recreation and historic preservation law, in
relation to prohibiting the possession of concealed firearms in
national
parks
and national wildlife refuge systems

PURPOSE OR GENERAL IDEA OF THE BILL:
To prohibit the possession of
concealed firearms in any park, campground or other recreation area.

SUMMARY OF PROVISIONS:
The parks, recreation and historical
preservation law is amended by adding a new section 13.32 which will
enact the prohibition of concealed firearms in parks, campgrounds and
other public recreation areas. Except as provided in this section and
otherwise specifically permitted in law, no person, other than a
member of a federal, state or municipal law enforcement agency, shall
introduce or possess, either upon his or her person or within a
vehicle or other place of storage, any concealed firearm in any
federal, state or municipal park, campground or other publicly
dedicated recreation area.

The prohibition in subdivision one of this section shall not apply: to
any campground under jurisdiction of the department of environmental
conservation only during the spring and fall hunting seasons; and to
any person employed by a private security firm which has contracted
with the public agency having jurisdiction over the park, campground
or public recreation area for services on the property under the
jurisdiction, custody and control of such public agency who shall be
permitted, with the approval of such public agency, to carry or
possess a concealed firearm supplied by his/her employer in the
course of his/her employment on such property, provided that such
person is licensed pursuant to section 400.00 of the penal law and
meets such minimum qualifications as may be established by such
public agency. In addition, any firm providing security services on
park land, campgrounds or other publicly dedicated recreation area
lands shall provide public liability insurance, naming the
appropriate federal government, state or municipal agency as an
insured party, in such amounts as the public agency with jurisdiction
shall require.

A violation of the provisions of this section shall be subject to a
civil penalty not to exceed one thousand dollars.

JUSTIFICATION:
A new Federal Regulation (36 CFR Part 2 and 50 CFR Part
27) enacted in December, 2008 allows for the carrying of concealed
weapons in National Parks and National Wildlife Areas by those
licensed to carry such weapons by State law. This new federal
regulation creates confusing, burdensome, and unnecessary
inconsistencies regarding firearm regulations as it conflicts with
current State Park and DEC rules prohibiting the carrying of


concealed firearms. In the interest of public safety and the
protection of natural resources, as well as consistency of statute
among State, Federal and Municipal parklands, it is necessary to
prohibit the possession of concealed firearms in any park, campground
or other public recreation area within the State.

LEGISLATIVE HISTORY:
2009-10: A.7183C Reported Referred to Codes
2011-12: S.7441

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1034

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  prohibiting  the  possession  of  concealed  firearms in
  national parks and national wildlife refuge systems

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby finds that the
national  parks  and  national  wildlife refuge systems in the state are
attractive places for citizens of all ages to safely enjoy the  benefits
of healthy and safe outdoor activity. The legislature further finds that
the  presence of concealed firearms in national parks and national wild-
life refuge systems represents an  unnecessary  threat,  whether  inten-
tional or unintentional, to the health and safety of citizens invited to
enjoy  these  public  recreational opportunities as well as the wildlife
preserved within such recreation areas. Therefore, it is the purpose  of
the  legislature to protect the health, safety and welfare of the public
and prohibit the possession of a concealed firearm in all national parks
and national wildlife refuge systems, except as specifically provided by
law.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 13.32 to read as follows:
  S 13.32 PROHIBITION  OF  CONCEALED  FIREARMS  IN  NATIONAL  PARKS  AND
NATIONAL WILDLIFE REFUGE SYSTEMS.  1. EXCEPT AS PROVIDED IN THIS SECTION
AND  OTHERWISE  SPECIFICALLY  PERMITTED  IN LAW, NO PERSON, OTHER THAN A
MEMBER OF A FEDERAL, STATE OR MUNICIPAL LAW ENFORCEMENT  AGENCY  AUTHOR-
IZED  TO  CARRY  A CONCEALED FIREARM, SHALL INTRODUCE OR POSSESS, EITHER
UPON HIS OR HER PERSON OR WITHIN A VEHICLE OR OTHER  PLACE  OF  STORAGE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00528-01-3

S. 1034                             2

ANY  CONCEALED  FIREARM IN ANY NATIONAL PARK OR NATIONAL WILDLIFE REFUGE
SYSTEM.
  2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:
  (A) TO THE EXTENT THE FIREARM IS USED IN CONNECTION WITH HUNTING WHERE
AUTHORIZED BY STATE AND FEDERAL LAW; AND
  (B) TO PRIVATELY OWNED RESIDENCES WITHIN ANY NATIONAL PARK OR NATIONAL
WILDLIFE REFUGE SYSTEM.
  3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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